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Discriminatory effect occurs if the “electoral system is arranged in a manner that will consistently degrade a voter’s or a group of voters’ influence on the political process as a whole. . . . [S]uch a finding of unconstitutionality must be supported by evidence of continued frustration of the will of a majority of voters or effective denial of a minority of voters of a fair chance to influence the political process.”

Concurs with plurality: “Because there are yet no agreed upon substantive principles of fairness in districting, we have no basis on which to define clear, manageable, and politically neutral standards . . . .”

Worries about nonjusticiability: “A determination by the Court to deny all hopes of intervention could erode confidence in the courts as much as would a premature decision to intervene.”

Offers hope for the future: “In the context of partisan gerrymandering, that means that the First Amendment concerns arise when an apportionment has the purpose and effect of burdening a group of voters’ First Amendment rights.”

Odds are still against success of a partisan gerrymandering claim, though they remain justiciable

Nevertheless, jurisdictions would do well to justify their plans or individual districts by appealing to principles other than partisan advantage

Avoid maximization of partisan advantage

If you are going to gerrymander, do so by way of traditional districting principles

Strive for perfect population equality even for state plans or at least be able to justify deviations in terms of traditional districting principles (compactness, contiguity, respect for political subdivisions or communities of interest, or protection of incumbents of both parties)

Stay tuned for

How the Texas case is resolved

Who is elected President and can appoint the next Supreme Court Justice